                                 CODE OF VIRGINIA

APPEAL FROM ACTION FIXING FEES, ETC (§ 21-186)

From any action of the sanitation commission in prescribing fees, rents and
charges, or either of them, pursuant to the provisions of this chapter, an
appeal may be taken upon the petition of any county or city constituting a part
of the district, or upon petition of any 50 persons, resident or doing business
in the district, to the State Corporation Commission. At least 60 days prior to
filing such petition with the State Corporation Commission, such county, city or
interested parties shall notify the sanitation commission of such intended
petition and of the fees, rents and charges complained of, in order that the
sanitation commission may be afforded an opportunity to make such changes in
such fees, rents and charges as it shall deem proper. After such petition shall
have been filed with the State Corporation Commission and after such county or
city or other petitioners shall have, if required by the State Corporation
Commission, executed and filed with the State Corporation Commission a bond
payable to the Commonwealth and sufficient in amount, but not in excess of
$5,000, and security to insure the prompt payment of all costs which may be
assessed against such county or city or other petitioners, and after such county
or city or other petitioners shall have caused to be published in at least one
newspaper, designated by the commission and of general circulation within the
district, such notice of such appeal as shall be prescribed by the State
Corporation Commission, the State Corporation Commission is authorized to make
such examinations and studies, to hold such hearings as may be required, to
issue subpoenas requiring the attendance of witnesses and the production of
records, memoranda, papers and other documents before the State Corporation
Commission or any officer or agent thereof, to administer oaths and to take
testimony thereunder, and to fix in accordance with the provisions of this
chapter applicable to the sanitation commission, subject to the right of further
appeal by the sanitation commission or the interested parties to the Supreme
Court, such fees, rents and charges. In each such appeal proceeding the State
Corporation Commission shall ascertain the costs incurred by it, including in
such costs actual expenses incurred and a fair apportionment of overhead
expenses, and shall assess the same against either the petitioner or
petitioners, or the sanitation commission, or shall apportion the costs between
the petitioner or petitioners and the sanitation commission, according to
principles applicable in courts of equity.

HISTORY: 1940, p. 623; Michie Code 1942, § 1560nn; 2010, c. 343.